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(영문) 부산지방법원 2018.12.20 2018고단3503

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 45 years old) are related to each other.

On June 14, 2018, at around 20:10, the Defendant listened to the horses of “Iman only that Iman, Iman,” from the damaged person D in Busan Jung-gu, Busan, the Defendant called “Iman, Iman, Iman,” and stated that I will see, “I do not go to, I will die, I will die, I will die,” and then, the Defendant was able to do so to the damaged person.

was made.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to B

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In the mitigated area (two months to one year and two months), where punishment is not imposed (including a person who has been specially mitigated), or where considerable damage has been restored (the decision of sentence] the defendant committed the instant crime even though he/she had the history of violent crime (the fact that the Defendant committed the instant crime is disadvantageous.

It is favorable that the defendant shows the appearance of recognizing and reflecting the facts of crime and that the victim agrees with the defendant and does not want the punishment of the defendant.

In addition, the circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the age, character and conduct environment of the Defendant, etc., and the conditions for sentencing prescribed in Article 51 of the Criminal Act as shown in the records and pleadings, shall be determined as ordered.